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Robert J McCarthy

Robert McCarthy’s Legal Cases

38 total

  • Adoption of Carly

    Practice Area:
    Appeals
    Date:
    Feb 08, 2002
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Ample support for the findings and the judge's conclusion. Citation: 762 N.E.2d 328, 53 Mass.App.Ct. 1116 (2002).
  • Adoption of Ulrich

    Practice Area:
    Appeals
    Date:
    Nov 04, 2002
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Subsidiary findings must be supported by a preponderance of the evidence. Such findings will not be disturbed unless they are clearly erroneous. Substantial deference is to be given to the judge's assessment of the weight of the evidence and the credibility of witnesses. Citation: 778 N.E.2d 30, 56 Mass.App.Ct. 1106 (2002).
  • Guardianship of Noah

    Practice Area:
    Guardianship
    Date:
    Nov 05, 1999
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Unfitness of a parent based upon incarceration. Reasonable effort to reunification of a parent and child. Guardianship of a child. Citation: 718 N.E.2d 1270, 48 Mass.App.Ct. 1107 (1999).
  • Adoption of Penny

    Practice Area:
    Child Custody
    Date:
    Aug 04, 1998
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Lack of parental contact with a child. Unavailability of a parent. Citation: 700 N.E.2d 1201, 45 Mass.App.Ct. 1112 (1998).
  • Adoption of Stella

    Practice Area:
    Adoption
    Date:
    Sep 28, 1999
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Parental failure to keep contact with children. Drug abuse. Clear and convincing evidence of unfitness. Adequacy of adoption plan. Citation: 716 N.E.2d 695, 47 Mass.App.Ct. 1118 (1999)
  • Adoption of Ryan

    Practice Area:
    Appeals
    Date:
    Oct 01, 2004
    Outcome:
    Affirmed. Expertly advocated
    Description:
    In proceedings to dispense with parental consent to adoption, the judge must make specific and detailed findings demonstrating that close attention has been paid to the evidence. These subsidiary findings must be proved by a fair preponderance of the evidence. Findings won't be disturbed absent a showing that they are clearly erroneous. Postadoption visitation. Once it is established that a parent is unfit, the decision whether to grant postadoption visits must be left to the sound discretion of the trial judge.
  • Adoption of Niccolo

    Practice Area:
    Adoption
    Date:
    Oct 21, 2005
    Outcome:
    Affirmed. Expertly advocated
    Description:
    A parent may be fit to raise one child and not another. A judge must make specific and detailed findings, demonstrating that close attention has been paid to the evidence in a termination of parental rights case. Citation: 835 N.E.2d 1178, 64 Mass.App.Ct. 1113 (2005).
  • Adoption of Forbes

    Practice Area:
    Appeals
    Date:
    May 20, 2009
    Outcome:
    Affirmed. Expertly advocated
    Description:
    Recent findings from a prior care and protection decision are admissible in a later care and protection or termination proceeding when such findings are relevant and material and made during a proceeding in which the parents had a compelling incentive to litigate. Citation to Adoption of Forbes: 906 N.E.2d 368, 74 Mass.App.Ct. 1112 (2009).
  • Adoption of Umeko

    Practice Area:
    Adoption
    Date:
    Oct 08, 2009
    Outcome:
    Affirmed
    Description:
    Evidence that a parent is ineffective in obtaining medical care for child and unable to provide consistent, stable, adequate housing, and evidence of drug abuse, support a finding of unfitness. Termination of parental rights. Worked collaboratively as an appellate mentor. Citation to Adoption of Umeko: 914 N.E.2d 362, 75 Mass.App.Ct. 1106 (2009).
  • Adoption of Iola

    Practice Area:
    Appeals
    Date:
    Jun 26, 2009
    Outcome:
    Affirmed
    Description:
    Post-termination visitation is only required where there is a strong bond between parent and child, visitation is in the child's best interests, and adoption of the child is not in reasonable sight. Citation to Adoption of Iola: 909 N.E.2d 59, 74 Mass.App.Ct. 1121 (2009). Worker collaboratively on the appeal as an appellate mentor.